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(영문) 인천지방법원 부천지원 2014.09.11 2014고단1670
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 26, 2014, the Defendant: around 00:29, at the residence of the victim C (manam, 64 years old) and the victim D (V, 57 years old), who is the head of the Defendant’s house located in the 1st floor in Seocheon-gu, Seocheon-gu, Seoul, Seoul, and the Defendant: (a) there was a time room for the victim C to park the victim in front of the Defendant’s house gate; (b) the head of the kitchen, which is a dangerous weapon, found the victim’s house in front of the Defendant’s house gate, and (c) the head of the victim’s house was 34cm in length, 20.5cm in 4 times. The Defendant opened a door to the victims, and opened the door to the victim “Is the victim’s house, Is the victim’s husband, and the victim’s husband continued to open the door to close the victim’s house.”

Accordingly, the defendant threatened victims by carrying a deadly weapon.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act and Article 283 (1) of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (including the absence of previous convictions exceeding fines against the defendant, the occurrence of contingent crimes, and the agreement between the defendant and victims) or more of the Criminal Act;

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